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  1. #1
    I Am Rocking Now

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    Default Help settle an argument

    Can anyone help me settle an argument over the DOT & ABF hours of service rules? This hypothetical scenario involves a city driver working under the 60 hrs in 7 days rule. He works 59 hrs for ABF Mon-Fri & then drives 10 hrs on Sat. for a carrier that operates under the 70 hrs in 8 days rule.

    He logs all his hours with the Sat. job and they consider him legal. But ABF requires him to fill out a log for those 10 hrs and advises him that he is in violation of DOT regs and is in danger of being fired.

    I remember reads a few years ago that a driver in this situation must work under his primary company's hours of service rules. But I can't find that in the current DOT hours of service regs.

    Can he be fired if he is driving legally under the DOT regs or does Federal law supersede company policies?

  2. #2
    ENOUGH I'VE HAD ENOUGH!!!

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    Default Re: Help settle an argument

    Interesting question. I would think that Federal Law would trump a company rule.

    Does the 34 hour restart help at all?

    Dumb question but why would anyone work 59 hours in 5 days and really want to work another 10?
    Last edited by mudflap560; 07-22-2010 at 01:49 PM.

  3. #3
    I Am Rocking Now

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    Default Re: Help settle an argument

    Quote Originally Posted by mudflap560 View Post
    Interesting question. I would think that Federal Law would trump a company rule.

    Does the 34 hour restart help at all?

    Dumb question but why would anyone work 59 hours in 5 days and really want to work another 10?
    For the sake of this argument lets just call him greedy. Or that he doesn't want to stay home and fight with his bride and she won't let him go fishing or play golf..

    The NMFA doesn't allow drivers to use the 34 hr restart

  4. #4
    ENOUGH I'VE HAD ENOUGH!!!

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    Default Re: Help settle an argument

    Quote Originally Posted by 2631 View Post
    For the sake of this argument lets just call him greedy. Or that he doesn't want to stay home and fight with his bride and she won't let him go fishing or play golf..

    The NMFA doesn't allow drivers to use the 34 hr restart
    Didn't know that ahout the NMFA. Carhaul we were expected to use it, wasn't addressed at all by the contract.

    In the hypothetical example I too would choose to work! Might even have a third job.

  5. #5
    I Am Rocking Now

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    Default Re: Help settle an argument

    I could never understand why the Feds would pass a law that allowed a city driver from lets say Old Dominion to work 70 in 8 and a city driver from say New Penn to only work 60 in 7. What were they thinking that the highways were just as safe under either rule?

    Back in the early 90's at Red Star city drivers worked under the 60 in 7 rule. Everyone was running out of hours and they couldn't service Sony on Sat & Sun. So they just changed the rule to 70 in 8 for us. That way we were running out of hours on Mondays & Tuesdays instead.

  6. #6
    Fish Hard Die Happy

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    Default Re: Help settle an argument

    The HOS rules seem somewhat contradictory, and I think that it is up to each individual barn to determine which one they follow. What's really interesting, is that while I was working, the city men would do 60 in 7, but the road drivers were allowed 70 in 8, and this was at my barn. Go figure??

  7. #7
    I Am Rocking Now

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    Default Re: Help settle an argument

    If your company does operate vehicles every day of the week, your employer may assign you to the 70-hour/8-day schedule. This means that you are not allowed to drive after you’ve been on duty 70 hours in any 8 consecutive days.http://www.fmcsa.dot.gov/rules-regul...ide-to-hos.pdf Page 4
    As it is the employers option to choose which schedule to allow it would seem that it would be a company wide policy. This isn't the clarification that I am looking for. I'll try later but the bed is calling...

  8. #8
    Getting In The Groove Now.

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    Default Re: Help settle an argument

    Quote Originally Posted by 2631 View Post
    I could never understand why the Feds would pass a law that allowed a city driver from lets say Old Dominion to work 70 in 8 and a city driver from say New Penn to only work 60 in 7. What were they thinking that the highways were just as safe under either rule?

    Back in the early 90's at Red Star city drivers worked under the 60 in 7 rule. Everyone was running out of hours and they couldn't service Sony on Sat & Sun. So they just changed the rule to 70 in 8 for us. That way we were running out of hours on Mondays & Tuesdays instead.
    don't understand all of the rules but I know my husband is working 60+ in 5 at OHFL. He is not the only one. They are forcing in early and making you stay.

  9. #9
    Resistance is futile.

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    Default Re: Help settle an argument

    Quote Originally Posted by 2631 View Post
    Can anyone help me settle an argument over the DOT & ABF hours of service rules? This hypothetical scenario involves a city driver working under the 60 hrs in 7 days rule. He works 59 hrs for ABF Mon-Fri & then drives 10 hrs on Sat. for a carrier that operates under the 70 hrs in 8 days rule.

    He logs all his hours with the Sat. job and they consider him legal. But ABF requires him to fill out a log for those 10 hrs and advises him that he is in violation of DOT regs and is in danger of being fired.

    I remember reads a few years ago that a driver in this situation must work under his primary company's hours of service rules. But I can't find that in the current DOT hours of service regs.

    Can he be fired if he is driving legally under the DOT regs or does Federal law supersede company policies?
    City men are on a 60 in 7 days. This includes any other driving of a truck that is under the DOT rules. I think ABF is correct. When he fills out a log if he worked 59.5 hours + 10 in the other truck would put him in violation. A hourly man can't ever get away from the 60 in 7 days. JMO with what little I know about the HOS rules.

    I don't believe that ABF has to honor the 70 in 8 for him just because he has another job. It boils down to he is a city man with ABF and is on the 60 in 7 days. HE just can't get away from that. Again this is JMO

  10. #10
    I Am Rocking Now

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    Default Re: Help settle an argument

    Quote Originally Posted by Teamster View Post
    City men are on a 60 in 7 days. This includes any other driving of a truck that is under the DOT rules. I think ABF is correct. When he fills out a log if he worked 59.5 hours + 10 in the other truck would put him in violation. A hourly man can't ever get away from the 60 in 7 days. JMO with what little I know about the HOS rules.
    It is the company's choice whether to have it's city drivers on 60/7 or 70/8. I used that 10 hr Saturday job as an example. I think that the only requirement is that they operate on a 7 day a week basis.

    Quote Originally Posted by Teamster View Post
    I don't believe that ABF has to honor the 70 in 8 for him just because he has another job. It boils down to he is a city man with ABF and is on the 60 in 7 days. HE just can't get away from that. Again this is JMO
    I agree that he must follow ABF's hours of service rules. The question is that since he is not in violation of any DOT regulations can ABF legally fire him or just put him out of service until he gets the hours back?

 

 
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